August 2002 Commission
Meeting

REGULATIONS COMMITTEE
August 28, 2002

This item apprises the
committee of anticipated
developments in the federal
regulatory process and amends
the Migratory Game Bird
Proclamation to:

Adjust season dates
to account for calendar
shift

Establish the special
conservation season for
snow geese

Accommodate any other
changes necessitated by
federal actions

Note: The provisions
of the Migratory
Game Bird Proclamation
affecting early-season
species of migratory
birds were adopted
following the May
Commission meeting.
Because this item
seeks adoption of
the provisions affecting
late-season species
of migratory game
birds, the early-season
provisions as adopted
are not shown.

This item presents
voluntary efforts
by the membership
of the Texas Deer
Association to implement
adequate testing and
monitoring protocols
to detect tuberculosis
and Chronic Wasting
Disease in captive
herds. The item also
presents potential
amendments to the
Scientific Breeder
Proclamation to:

Require scientific breeders
to annually report the
number of fawns held in
each facility

Prohibit the release
of deer to the wild unless
approved by the department

Prohibit the movement
of deer beyond the borders
of the state for nursing
or veterinary care purposes

ITEM 4: Nongame
Commercial Permit
Regulations

Presenter: John Herron

This item amends
the regulations governing
the collection and
sale of nongame wildlife
and regulations concerning
endangered species:

The proposed changes
include:

Elimination of reporting
requirements for persons
not engaged in commercial
activity

Reduction of the number
of affected species

Provisions to prevent
commercial activity taking
place under the guise
of collection

Simplification and clarification
of permit privileges

Prohibition of certain
means and methods of take

Creation of a letter
of authorization to allow
temporary possession of
threatened and endangered
species for relocation

ITEM 5: Alternative
Licensing Rules

Presenter: Jerry
Cooke

This item amends
the Statewide
Hunting and Fishing Proclamation
to incorporate
provisions for the issuance
of alternative licenses
should the department’s
automated point-of-sale
system become
inoperable.
The provisions
would:

Eliminate tagging requirements
for deer, turkey, red
drum, and tarpon taken
under a tagless license

Require persons hunting
or angling under a tagless
license to complete a
license log after the
take of deer, turkey,
red drum, or tarpon

FINANCE COMMITTEE
August 28, 2002

Staff will present
the recommended FY2003
operating, capital and
grant budget for consideration
by the Committee. The
presentation will cover
appropriation and cash
limits as well as program
issues and stamp fund
allocation considered
in development of the
budget. A discussion
on the Legislative Appropriation
Request for FY 04-05
will be included.

Also, the agency’s
investment policy
and budget policy will be
discussed and
reviewed by the Finance
Committee.

ITEM 3: Point
of Sale Update

Presenter: Suzy Whittenton

Staff will update the
Commission on the implementation
of the new license system.
The update will include
information regarding
the finalization of
the system implementation
as well as preparation
for the new license
year.

ITEM 5: License
Legibility Rules

Presenter: Suzy Whittenton

Staff will present
on proposed
amendments to Title 31,
TAC, Chapter 53, Finance
that will add a new rule
specifying standards for
licenses, including legibility.
The changes
are required by provisions
in Senate Bill 305 (TPWD’s
Sunset legislation).

ITEM 6: Grants

Presenter: Tim Hogsett

Local Park
Fund Outdoor Recreation
Grants

This item will:

Make grants from the
Texas Recreation and Parks
Account to Texas local
governments for the acquisition
and/or development of
outdoor recreation sites
from the Local Park Fund
Program

As of January 31, 2002
TPWD received 38 applications
requesting $15,714,299
in matching fund assistance

Staff is recommending
support of 15 projects
in the amount of $6,607,022

Small Community
Grants

This item will:

Make grants from the
Texas Recreation and Parks
Account to Texas local
governments for acquisition
and/or development of
outdoor recreation sites
from the Small Community
Grants Program

As of April 30, 2002
TPWD received 62 applications
requesting $2,707,547
in matching fund assistance

Staff is recommending
support of 22 projects
in the amount of $980,293

Regional
Park Grants

This item will:

Make grants from the
federal Land and Water
Conservation Fund to a
Texas local government
for acquisition and development
of an outdoor recreation
site from the Regional
Park Grant Program

As of June 1, 2002 TPWD
received 5 applications
requesting $7,277,000
in matching fund assistance

Staff is recommending
support of 1 project in
the amount of $2,000,000

Recreation
Trails Grants

Action item to award
federal funds allocated
under the National
Recreational Trail
Grants for trail construction,
renovation and acquisition
projects. These funds
must be obligated
to projects by the
end of federal fiscal
year September 30,
2002.

This item will:

Obligates federal National
Recreational Trail Funds
to eligible trail projects
based upon the recommendations
of the Texas Trails Advisory
Board

Target Range
Grants

Two new target range
grant projects are
proposed, one in Archer
County and one in
Eastland County, each
at a total federal
cost of $60,000.00.
The Archer County
Shooting Sports Association
and Eastland Rifle
and Pistol Club both
plan to construct
range and classroom
facilities to support
4-H Shooting Sports,
Boy Scouts and hunter
education efforts.
Each has approximately
$30,000 of in-kind
match to contribute
to their projects.

CONSERVATION COMMITTEE
August 28, 2002

ITEM 1: Chairman’s
Charges

ITEM 2: Land
and Water Resources
Conservation and
Recreation Plan
Resolution

Presenters: Emily
Armitano, Jeff Francell,
Chris Beckom

The purpose of this
item is for the Commission
to approve the draft
Land and Water Resources
Conservation and Recreation
Plan.

The Plan was mandated
by the 77th Texas
Legislature as part of
the Department’s
Sunset Bill.

The Bill requires that
the Department inventory
all lands and waters associated
with historical, natural,
recreational and wildlife
resources in the state.

The Bill requires that
the Department develop
a Plan that:

Analyze Texas’ existing
and future land and water
conservation and recreation
needs;

Identifies threatened
land and water resources
in the state; and

Establishes the relative
importance of particular
resources listed in the
inventory.

The Plan address criteria
for how to meet the Texas’ conservation
and recreation needs.

The Commission and the
Department shall use the
Plan to base its decisions
regarding acquisition,
divestiture, department
grants to local parks,
cooperation with private
landowners and conservation
organizations and other
conservation operations
of the agency.

The Commission is required
to adopt this Plan by
October 15, 2002.

The Presentation
will also include a demonstration
of the Inventory Database
created for the plan and
available on the Texas Parks
and Wildlife Department’s
intranet website.

ITEM 3: Nomination
for Oil and Gas
Lease – Harris
County

Presenter: Ronnie
Ray

The Board for Lease
for Parks and Wildlife
Lands has received
a nomination at Sheldon
Lake State Park for
an oil and gas lease
sale offering.

Drilling and production
shall be limited to upland
site of low ecological
value as determined by
TPWD

Lessee will be required
to sign a surface-use
agreement with restrictions
on drilling and production
operations

Estimated revenue will
be a minimum of $195,496.50,
with additional revenue
from delay rentals and/or
royalties anticipated
should the nomination
be accepted by bid

ITEM 4: Land
Sale – Tarrant
County

Presenter: Jack Bauer

Eagle Mountain Lake
SP, purchased in 1982
but never developed
or opened to the public
is recommended for
sale to the Permanent
School Fund of the
General Land Office.
The 400-acres have
remained on the General
Land Office (GLO)
annual report to the
Governor as “underutilized
or unused.” The
property was purchased for $3.9M,
appraised for $3.6M in 1998,
and is currently valued at $6.6M.
Staff recommends selling the property
for the purpose “…to
acquire other real
estate property dedicated
to the same purpose
for which the land
sold was dedicated” under
authority vested Parks
and Wildlife Code
and Seventy-seventh
Legislature’s
General Appropriation Act Rider.
The Land and Water Plan recommends
disposition of the property. The
Fort Worth area remains
underrepresented in conservation
and recreation resources. Closed
bid offerings by the Department,
or through the GLO, or a direct
sale to the Permanent School Fund
are viable disposition options.

ITEM 5: Land
Sale – Harris
County

Presenter: Jack Bauer

Real Property associated
with the Seabrook
Lab in the City of
Seabrook has been
vacated; Coastal Fisheries
and Resource Protection
staffs have moved
to a newly remodeled
facility in Dickinson.
The Seabrook facility,
considered as excess
property, has been
offered to the City
of Seabrook at appraised
value of $340,000.
This item presents
the sale transaction
for consideration
and action.

ITEM 6: Land
Sale – Austin
County

Presenter: Jack Bauer

Real property associated
with the golf course
at Stephen F. Austin
State Park is recommended
for sale to the Stephen
F. Austin Golf Association.
The Golf Association
operates the course
under a 50-year lease
from TPWD. Because
of erosion of the
adjacent Brazos River,
acquisition of additional
property will be required
to keep the course
open. TPWD staff and
the Golf Association
recommend the ownership
of the golf course
property be sold to
the golf association
so that they can accomplish
acquisition for expansion
of the course as a
business venture.
Sale of the course
property at the appraised
value of $220,000
is recommended.

ITEM 7: Land
Acquisition – Cameron
County

Presenter: Jack Bauer

Land acquisition
of approximately 117
acres is recommended
as a habitat addition
at the Longoria Unit
of the Las Palomas
WMA.

Two tracts from two
willing sellers are under
consideration at appraised
value of $1,050/acre or
$123,000 and a total project
cost of approximately
$133,000

The tracts will be farmed
as food plots and reforested
as thorn-brush habitat

No additional staff
is anticipated with these
additions

Funding is proposed
with revenue from the
sale of white-winged dove
hunting stamps

ITEM 8: Land
Acquisition – Smith
County

Presenter: Jack Bauer

Land acquisition
of approximately 600
acres is recommended
as a habitat addition
to the Old Sabine
Bottom WMA.

Adjacent cleared bottom
land is offered at appraised
value of $1,000/acre or
$600,000

A briefing on planning
and production of
the 2002 Texas Wildlife
Expo including sponsor
and activity update,
marketing overview
and viewing of the
2002 marketing video.

ITEM 3: BRIEFING – TPWD/USFWS
Relations

Presenter: Gary Graham

ACTION:
Commission
review and
discussion.

Dale Hall, the recently
appointed director
of the U.S. Fish and
Wildlife Service's
Southwest region,
which has its headquarters
in Albuquerque will
make the presentation
to the Commission.
He will focus on the
agency's efforts on
working more cooperatively
with ranchers, farmers,
developers and others
rather than imposing
new restrictions on
land use to protect
threatened and endangered
species.

ITEM 4: ACTION – Local
Park Fund Outdoor
Recreation Grants

Presenter: Tim Hogsett

ACTION:
Commission
consideration
for adoption.

This item will:

Make grants
from the Texas Recreation
and Parks Account to
Texas local governments
for the acquisition and/or
development of outdoor
recreation sites from
the Local Park Fund Program

As of January 31, 2002
TPWD received 38 applications
requesting $15,714,299
in matching fund assistance

Staff is recommending
support of 15 projects
in the amount of $6,607,022

ITEM 5: ACTION – Small
Community Grants

Presenter: Tim Hogsett

ACTION:
Commission
consideration
for adoption.

This item will:

Make grants
from the Texas Recreation
and Parks Account to
Texas local governments
for acquisition and/or
development of outdoor
recreation sites from
the Small Community Grants
Program

As of April 30, 2002
TPWD received 62 applications
requesting $2,707,547
in matching fund assistance

Staff is recommending
support of 22 projects
in the amount of $980,293

ITEM 6: ACTION
- Regional Park
Grants

Presenter: Tim Hogsett

ACTION:
Commission
consideration
for adoption.

This item will:

Make grants from the
federal Land and Water
Conservation Fund to a
Texas local government
for acquisition and development
of an outdoor recreation
site from the Regional
Park Grant Program

As of June 1, 2002 TPWD
received 5 applications
requesting $7,277,000
in matching fund assistance

Staff is recommending
support of 1 project in
the amount of $2,000,000

ITEM 7: ACTION
- Recreational Trails
Grants

Presenter: Tim Hogsett

ACTION:
Commission
consideration
for adoption.

Action item to award
federal funds allocated
under the National
Recreational Trail
Grants for trail construction,
renovation and acquisition
projects. These funds
must be obligated
to projects by the
end of federal fiscal
year September 30,
2002.

This item will:

·Obligates
federal National Recreational
Trail Funds to eligible
trail projects based
upon the recommendations
of the Texas Trails Advisory
Board

ITEM 8: ACTION – Target
Range Grants

Presenter: Tim Hogsett

ACTION:
Commission
consideration
for adoption.

Two new target range
grant projects are
proposed, one in Archer
County and one in
Eastland County, each
at a total federal
cost of $60,000.00.
The Archer County
Shooting Sports Association
and Eastland Rifle
and Pistol Club both
plan to construct
range and classroom
facilities to support
4-H Shooting Sports,
Boy Scouts and hunter
education efforts.
Each has approximately
$30,000 of in-kind
match to contribute
to their projects.

Staff will present
the recommended FY2003
operating, capital
and grant budget for
consideration by the
Commission. The presentation
will cover appropriation
and cash limits as
well as program issues
and stamp fund allocation
considered in development
of the budget. A discussion
on the Legislative
Appropriation Request
for FY 04-05 will
be included.

Also, the agency’s
investment policy and budget
policy will be discussed
and reviewed by the Commission.

ITEM 10:
ACTION – License
Legibility Rules

Presenter: Suzy Whittenton

ACTION:
Commission
consideration
for adoption.

Staff will present
proposed amendments to
Title 31, TAC, Chapter 53,
Finance that will add a
new rule specifying standards
for licenses, including
legibility. The changes
are required by provisions
in Senate Bill 305 (TPWD’s
Sunset legislation).

ITEM 11:
ACTION – Alternative
Licensing Rules

Presenter: Suzy Whittenton

ACTION:
Commission
consideration
for adoption.

This item amends
the Statewide Hunting and
Fishing Proclamation to
incorporate provisions for
the issuance of alternative
licenses should the department’s
automated point-of-sale
system become inoperable.
The provisions
would:

eliminate tagging requirements
for deer, turkey, red
drum, and tarpon taken
under a tagless license

require persons hunting
or angling under a tagless
license to complete a
license log after the
take of deer, turkey,
red drum, or tarpon

This item presents
voluntary efforts
by the membership
of the Texas Deer
Association to implement
adequate testing and
monitoring protocols
to detect tuberculosis
and Chronic Wasting
Disease in captive
herds. The item also
presents potential
amendments to the
Scientific Breeder
Proclamation to:

Require scientific breeders
to annually report the
number of fawns held in
each facility

Prohibit the release
of deer to the wild unless
approved by the department

Prohibit the movement
of deer beyond the borders
of the state for nursing
or veterinary care purposes

ITEM 13:
ACTION – Migratory
Game Bird Proclamation – Late
Season

Presenter: Vernon
Bevill

ACTION:
Commission
consideration
for adoption.

This item apprises
the committee of anticipated
developments in the
federal regulatory
process and amends
the Migratory Game
Bird Proclamation
to:

ITEM 13:
ACTION – Migratory
Game Bird Proclamation – Late
Season

Presenter: Vernon
Bevill

Adjust season dates
to account for calendar
shift

Establish the special
conservation season for
snow geese

Accommodate any other
changes necessitated
by federal actions

Note: The provisions
of the Migratory Game Bird
Proclamation affecting early-season
species of migratory birds
were adopted following the
May Commission meeting.
Because this item seeks
adoption of the provisions
affecting late-season species
of migratory game birds,
the early-season provisions
as adopted are not shown.

ITEM 14:
ACTION – Nongame
Commercial Permit
Regulations

Presenter: John Herron

ACTION: Commission
consideration
for adoption.

This item amends
the regulations governing
the collection and
sale of nongame wildlife
and regulations concerning
endangered species.

The proposed changes
include:

Elimination of reporting
requirements for persons
not engaged in commercial
activity

Reduction of the number
of affected species

Provisions to prevent
commercial activity taking
place under the guise
of collection

Simplification and clarification
of permit privileges

Prohibition of certain
means and methods of take

Creation of a letter
of authorization to allow
temporary possession of
threatened and endangered
species for relocation

ITEM 15:
ACTION – Land
and Water Resources
Conservation and
Recreation Plan
Resolution

Presenters: Emily
Armitano, Jeff Francell,
Chris Beckom

ACTION:
Commission
consideration
for adoption.

The purpose of this
item is for the Commission
to approve the draft
Land and Water Resources
Conservation and Recreation
Plan.

The Plan was mandated
by the 77th Texas
Legislature
as part
of the Department’s
Sunset Bill.

The
Bill requires
that the Department inventory
all lands and waters
associated
with historical, natural,
recreational and wildlife
resources in the state.

The Bill requires that
the Department develop
a Plan that:

Analyze
Texas existing
and future land
and water conservation
and recreation needs;

Identifies
threatened land
and water resources
in the state; and

Establishes
the relative importance
of particular resources
listed in
the inventory.

The Plan address criteria
for how to meet the Texas’ conservation
and recreation needs.

The Commission and the
Department shall use the
Plan to base its decisions
regarding acquisition,
divestiture, department
grants to local parks,
cooperation with private
landowners and conservation
organizations and other
conservation operations
of the agency.

The Commission is required
to adopt this Plan by
October 15, 2002.

The Presentation
will also include a demonstration
of the Inventory Database
created for the plan and
available on the Texas Parks
and Wildlife Department’s
intranet website.

ITEM 16:
ACTION – Nomination
for Oil and Gas
Lease – Harris
County

Presenter: Ronnie
Ray

ACTION:
Commission
consideration
for adoption.

The Board for Lease
for Parks and Wildlife
Lands has received
a nomination at Sheldon
Lake State Park for
an oil and gas lease
sale offering.

Drilling and production
shall be limited to upland
site of low ecological
value as determined by
TPWD

Lessee will be required
to sign a surface-use
agreement with restrictions
on drilling and production
operations

Estimated revenue will
be a minimum of $195,496.50,
with additional revenue
from delay rentals and/or
royalties anticipated
should the nomination
be accepted by bid

ITEM 17A:
ACTION – Land
Sale – Tarrant
County

Presenter: Jack Bauer

ACTION:
Commission
consideration
for adoption.

Eagle Mountain Lake
SP, purchased in 1982
but never developed
or opened to the public
is recommended for
sale to the Permanent
School Fund of the
General Land Office.
The 400-acres have
remained on the General
Land Office (GLO)
annual report to the
Governor as “underutilized
or unused.” The
property
was
purchased
for
$3.9M,
appraised
for
$3.6M
in
1998,
and
is
currently
valued
at
$6.6M.
Staff
recommends
selling
the
property
for
the
purpose “…to
acquire other real
estate property dedicated
to the same purpose
for which the land
sold was dedicated” under
authority vested Parks
and Wildlife Code
and Seventy-seventh
Legislature’s
General
Appropriation
Act
Rider.
The
Land
and
Water
Plan
recommends
disposition
of
the
property.
The
Fort
Worth
area
remains
underrepresented
in
conservation
and
recreation
resources.
Closed
bid
offerings
by
the
Department,
or
through
the
GLO,
or
a
direct
sale
to
the
Permanent
School
Fund
are
viable
disposition options.

ITEM 17B:
ACTION – Land
Sale – Harris
County

Presenter: Jack Bauer

ACTION:
Commission
consideration
for adoption.

Real Property associated
with the Seabrook
Lab in the City of
Seabrook has been
vacated; Coastal Fisheries
and Resource Protection
staffs have moved
to a newly remodeled
facility in Dickinson.
The Seabrook facility,
considered as excess
property, has been
offered to the City
of Seabrook at appraised
value of $340,000.
This item presents
the sale transaction
for consideration
and action.

ITEM 17C:
ACTION – Land
Sale – Austin
County

Presenter: Jack Bauer

ACTION:
Commission
consideration
for adoption.

Real property associated
with the golf course
at Stephen F. Austin
State Park is recommended
for sale to the Stephen
F. Austin Golf Association.
The Golf Association
operates the course
under a 50-year lease
from TPWD. Because
of erosion of the
adjacent Brazos River,
acquisition of additional
property will be required
to keep the course
open. TPWD staff and
the Golf Association
recommend the ownership
of the golf course
property be sold to
the golf association
so that they can accomplish
acquisition for expansion
of the course as a
business venture.
Sale of the course
property at the appraised
value of $220,000
is recommended.

ITEM 18A:
ACTION – Land
Acquisition – Cameron
County

Presenter: Jack Bauer

ACTION:
Commission
consideration
for adoption.

Land acquisition
of approximately 117
acres is recommended
as a habitat addition
at the Longoria Unit
of the Las Palomas
WMA.

Two tracts
from two willing sellers
are under consideration
at appraised value of
$1,050/acre or $123,000
and a total project cost
of approximately $133,000

The tracts will be farmed
as food plots and reforested
as thorn-brush habitat

No additional staff
is anticipated with these
additions

Funding is proposed
with revenue from the
sale of white-winged dove
hunting stamps

ITEM 18B:
ACTION – Land
Acquisition – Smith
County

Presenter: Jack Bauer

ACTION:
Commission
consideration
for adoption.

Land acquisition
of approximately 600
acres is recommended
as a habitat addition
to the Old Sabine
Bottom WMA.

Adjacent cleared bottom
land is offered at appraised
value of $1,000/acre or
$600,000